robert Posted March 27, 2009 Report Share Posted March 27, 2009 I have 3 university students in a rented property on assured shorthold tenancy agreements. They are invisible to council tax as students, however one left uni and got a job which she subsequently lost and claimed benefits. As a benefit claimant she is also exempt council tax but the council has sent me a council tax bill for the year although all 3 tenants are exempt. Can this be right? The tenancy agreement says the tenants are liable for any assessment of council tax - but she is claiming that as a benefit claimant she does not need to pay. Any ideas where to go from here. As a benefit claimant she cannot afford another £1000 for the council tax for the whole house. I do not understand how I can be assessed for the house with 3 tenants with exemptions! help regards robert Link to comment Share on other sites More sharing options...
web2dude Posted March 27, 2009 Report Share Posted March 27, 2009 I've never come across this type of case before, but you're probably best off speaking to the local authority and explaining the situation as they will be aware of the legal position. Link to comment Share on other sites More sharing options...
Melboy Posted March 27, 2009 Report Share Posted March 27, 2009 Because a person is claiming social security benefits does not mean they are automatically exempt from paying council tax. If your Tenant has it her contract that CT is her liability then details of the signed tenancy contract should be passed to the CT office whereby they will claim against her and not you as the Landlord. Mel. Link to comment Share on other sites More sharing options...
robert Posted April 5, 2009 Author Report Share Posted April 5, 2009 I've never come across this type of case before, but you're probably best off speaking to the local authority and explaining the situation as they will be aware of the legal position. I have already approached the local authority who were not receptive. They said the property is in my name and therefore my responsibility. Link to comment Share on other sites More sharing options...
robert Posted April 5, 2009 Author Report Share Posted April 5, 2009 Because a person is claiming social security benefits does not mean they are automatically exempt from paying council tax. If your Tenant has it her contract that CT is her liability then details of the signed tenancy contract should be passed to the CT office whereby they will claim against her and not you as the Landlord. Mel. I tried this approach, they said the property is in my name and would not chase any other third party. I will try and take further advice once I figure out where to go for it. The council involved where not helpful. Link to comment Share on other sites More sharing options...
partrim Posted April 6, 2009 Report Share Posted April 6, 2009 I have a feeling that if the house is in multiple occupation then the owner of the property, rather than the occupant(s), is liable. The theory is that you have multiple 'households' living in your property and so the LA won't have the means to collect council tax as the taxable entity (the property) cannot be split down into smaller units. Do the occupants have individual leases, or are they all joint tenants on the same lease? Also, the owner is liable if the occupants' have their main residence elsewhere. I'm not sure about the contractural obligation of including a CT requirement within the tenancy - if the house is two-thirds let is there provision for the tenants to cover the additional one-third, or would the owner cover this? If one individual defaults, what happens to the others? If a CT provision has been made in the lease how about collecting an amount to cover the CT as a 'supplement' to the rent and pay the LA directly? You'd better check the legality of this though!! Link to comment Share on other sites More sharing options...
Melboy Posted April 7, 2009 Report Share Posted April 7, 2009 I have already approached the local authority who were not receptive. They said the property is in my name and therefore my responsibility. Not true! Tell them to get their facts straight. The contract and responsibility lies between the Council tax office and the Tenant. Do not let them fob you off with their interpretation of what they would like to see happen. Link to comment Share on other sites More sharing options...
Mortitia Posted April 7, 2009 Report Share Posted April 7, 2009 Hi all, Most of these council tax officers are to busy calculating their massive unwarranted pensions to be bothered to do their jobs properly (in my opinion). The best way of dealing with this problem you describe is to put paperwork on their desk. If it were me I would print of a statement for each student to sign and date saying they are a student. I would do similar for the unenemployed person putting in some benefit number relevant then send these statements to the CT dept of the council in question. If they reply to you with further nuisance stuff regarding this address then just keep referring to the paperwork you have sent - you can do that bit by email. Always works for me. Mortitia Link to comment Share on other sites More sharing options...
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